National Republican., 1887-01-08
REFUSED TO ACCEPT pA11.
The Trial of Geo. N. walker Set for
Wednesday Next.


Upon the opening of the criminal court
yesterday morning Geo. N. Walker. re-
Gently indicted for the murder OF Jno. Z.
Miller in December last, appeared In court
accompanied by his counsel, Messrs. Cook,
Cahill, and Bell. Subsequently District
Attorney worthington came in.
The accused was arralgned and pleaded
not guilty. Mr.. Cahlll asked that the de-
fendant be admitted to BAIL claiming that
the law give the court that authority, II IL
chose to exercise II. He then cited some
three or four instances In which bail had
been taken, and asserted that the testimony
at the inquest showed this to be baiable
case; also, In view Of the fact that they
wanted trial as soon as they could get 1t,
the defendant should be released
81 think you can be accommodated"
said the district attorney.
1--WE will be ready, for we have nothing
to fear, replied Mr. Cahill.
Mr. Wortblngton said that while Mr..
Cahill had found three cases in which bail
had been taken he mad not found one like
this, and he was opposed to permitting the
man to be released The cases which had
been cited were not during his administra-
tion Of the office Of district attorney, and
he had not consented In any instance to
admitting person to bail who had been
Indictment against the defendant were the
names Of some fifteen witnesses, and only
two OF that number appeared at the coro-
ner's inquest.
Col. Cook argued that the case was
bailable one, aud tho court, by the act of
Congress, had been conferred with power
to take bail. He claimed that the only evl-
dence now open to the court was that taken
at the coroner's jury, which said this was q
case OF manslaughter. In majority Of the
cases which had been cited he had better
knowledge Of them than the district attor-
ney, for the reason that he appeared as couu-
sci, and he proceeded to inform the court
what their status was when bail was re
ceiyed. This CAGE he thought identical
with that OF the Fletcher case. The defend
ant was not q vagabond, but born aud
raised In this city. They needed him to
consult with the counsel In preparing for
trial. He trusted that bail would be per-
mitted to be given, and no matter whether
IL was high or low 1t could be given.
Justice Macarthur said that when the
homicide was committed the defendant was
admitted to bail, 1t appearing that the kill
ing took place in an afIray. He then
thought 1t proper case for bail. The cir
cumstances were different now. The grand
jury had investigated the case, examined
great number OF witnesses, and found an
Indictment for murder.
1t was doubtful II the statute would ap-
ply at that stage Of the case, and whether 1t
had application to case after indictment.
There was nothing before the court by
which inference could be drawn in favor OF
admitting the defendant to bail. Without
there was something by admission or
waiver OF the government or tangible to
the court to consider he must hold that
bail could not be received on an indictment
for murder, and therefore should deny the
application.
The question Of setting day for trial
was then discussed, and finally the court
designated Wednesday Of next week as the
time and both sides promised to be ready.